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City and FUSD TK ELO-P Agreement.pdf

Fontana City Council
December 13, 2022

Document
City and FUSD TK ELO-P Agreement.pdf
Meeting
December 13, 2022
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Fontana City Council
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4
Original file
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Text extracted from the city's file for reading and search. Open the original on fontana.legistar1.com. That file is the official record.

Agreement for Consultant Services
Revised 1/7/21 Page 1 of 11

FONTANA UNIFIED SCHOOL DISTRICT
9680 Citrus Avenue
Fontana, C.A. 92335

AGREEMENT FOR CONSULTANT SERVICES
This AGREEMENT is hereby entered into between Fontana Unified School District, hereinafter referred to as “DISTRICT”, and

ENTITY TYPE (INC., LLC, etc.) TAXPAYER I.D. NUMBER

Mailing Address City State Zip hereinafter referred to as “CONSULTANT”.

WHEREAS, DISTRICT is authorized by Section 53060 of the California Government Code to contract with and employ any persons for the furnishing of special services and advice in financial, economic, accounting, engineering, legal or administrative matters, if such persons are specially trained, experienced and competent to perform the special services required; and WHEREAS, CONSULTANT is specially trained, experienced and competent to perform the special services required by the DISTRICT, and such services are needed by DISTRICT on a limited basis; NOW THEREFORE, the parties agree as follows:

1. Services to be Provided by CONSULTANT (detailed description of services):

SEE EXHIBIT A ATTACHED (if more room is needed)
School Site/Department:

2. Term: CONSULTANT shall commence providing services under this AGREEMENT on , and will diligently perform as required and complete performance by .

3. Compensation:

A. DISTRICT agrees to pay the consultant for services satisfactory rendered pursuant to thi s AGREEMENT, a total NOT TO EXCEED AMOUNT of: Dollars and 0/100 Cents ($ ) DISTRICT shall pay consultant according to the following terms and conditions (terms of payment): .

City of Fontana
City of Fontana
Fontana
CA
92335
The City of Fontana proposes ELO-P TK program: See Exhibit A Early Education
June 30, 2023
July 1, 2022
453,689.54
four hundred and fifty three thousand six hundred eighty nine dollars and fifity-four cents NET 30
8353 Sierra Ave
95-6004770Municipality
Agreement for Consultant Services
Revised 1/7/21 Page 2 of 11
B. DISTRICT will not withhold federal or state income tax deductions fr om payments made to CONSULTANT under this agreement that are in the State of California, if CONSULTANT provides DISTRICT with his/her Social Security Number or a Taxpayer ID Number (see I.R.S.

Form 1099). DISTRICT will provide CONSULTANT and the Internal Revenue Service with a statement of earnings at the conclusion of each calendar year as required by I.R.S.

DISTRICT will withhold 7% from all payments for out -of-state (non -California) CONSULTANTs, in accordance with California Revenue and Taxation Code (R &TC) Section 18662.

C. DISTRICT will provide CONSULTANT with a form which CONSULTANT may use to request payment under this agreement; however, an invoice from the CONSULTANT will be accepted.

All invoices are to be sent to the school site/department that requested services to be signed by Principal/Department Head. Payment cannot be processed until signature of Principal/Department Head is on either Request for Payment Form or Invoice.

4. Expenses: DISTRICT shall not be liable to CONSUL TANT for any cost or expenses paid for or incurred by CONSULTANT in performing services for DISTRICT, unless indicated in Paragraph 3 above.

5. Independent Consultant: CONSULTANT, in the performance of this AGREEMENT, shall be and act as an independent consultant and as such, is subject to direction of DISTRICT as to the result to be accomplished and not as the means and manner by which such results is to be accomplished.

CONSULTANT understands and agrees that he/she and all of his/her employees shall not be considered officers, employees or agents of the DISTRICT, and are not entitled to benefits of any kind or nature normally provided to employees of the DISTRICT and/or to which DISTRICT’S employees are normally entitled, including, but not limited to, State Unemployment Compensation or Workers’ Compensation. CONSULTANT assumes full responsibility for the acts and/or omissions of his/her employees or agents as they relate to the services to be provided under this AGREEMENT.

CONSULTANT shall have no authority, express or implied, to bind DISTRICT in any manner, nor to incur any obligation, debt or liability of any kind or behalf of, or against, DISTIRCT, whether by contractor or otherwise, unless such authority is expressly conferred to CONSULTANT under this AGREEMENT or is otherwise expressly conferred by DISTRICT in writing. CONSULTANT shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, Social Security and income taxes with respect to CONSULTANT’S employees.

6. Removal of Employees or Agents : If any of CONSULTANT’S officers, employees, agents, contractors, subcontractors or subconsultants is determined by the DISTRICT Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the DISTRICT, such officer, employee, agent, contractor, subcontractor or subconsultant Agreement for Consultant Services
Revised 1/7/21 Page 3 of 11
shall be promptly removed by CONSULTANT and shall not be re -assigned to perform any of the Work.

7. Non-Discrimination: In the performance of this AGREEMENT, CONSULTANT shall not discriminate against any employee, subcontractor, subconsultant, or a pplicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.

8. Material: CONSULTANT shall furnish, at his/her own expense, all l abor, materials, equipment, supplies and other items necessary to complete the services to be provided pursuant to this AGREEMENT, unless otherwise arranged with site. CONSULTANT’S services will be performed, findings obtained, reports and recommendations prepared in accordance with generally and currently accepted principles and practices of his/her profession.

9. Originality of Services : CONSULTANT agrees that all technologies, formulas, procedures, processes, methods, writings, ideas, dialogue, compositio ns, recordings, teleplays, and video productions prepared for, written for, submitted to the DISTRICT and/or used in connection with this AGREEMENT, shall be wholly original to CONSULTANT and shall not be copied in whole or in part from any other source, except that submitted to CONSULTANT by DISTRICT as a basis for such services.

10. Copyright/Trademark/Patent: DISTRICT agrees that CONSULTANT shall use its previously developed and to-be-developed tools, surveys and other copyright and patent-protectable resources in fulfillment of this Agreement. All such material shall remain the exclusive ownership of CONSULTANT with a limited right to use and reproduce those materials provided to DISTRICT for its continued use and application of the training services which include: workbook material and surveys. DISTRICT may not reproduce or in any way utilize these materials for competitive purposes or provide them to others including the use of the materials to provide substantially similar training outside of DISTRICT’s own internal use.

11. Failure to Provide Satisfactory Service, Abandonment of Project, Cancellation of Agreement:

A. If, at any time during the performance of the agreement, DISTRICT determines, at DISTRICT’S sole discretion to suspend indefinitely or abandon th e work under this agreement, DISTRICT shall have the right to cancel this agreement and terminate the performance of CONSULTANT’S services hereunder. In the event of such cancellation, notice shall be deemed given when received by the CONSULTANT or no later than three days after the day of mailing, whichever is sooner.

CONSULTANT may not terminate this AGREEMENT except for cause as provided under Section 11.B., below. If this AGREEMENT is terminated as provided herein, DISTRICT may require CONSULTANT to provide all finished or unfinished documents and data and other information of any kind prepared by CONSULTANT in connection with the performance of the specialized services. CONSULTANT shall be required to provide such documents and data within fifteen (15) calendar days of DISTRICT’s written request. No actual or asserted breach of this AGREEMENT on the part of DISTRICT pursuant to Section 11.B., below, shall operate

Agreement for Consultant Services
Revised 1/7/21 Page 4 of 11
to prohibit or otherwise restrict DISTRICT’s ability to terminate this AGREEMENT for convenience as provided under this Section.

B. If the cancellation is for unsatisfactory performance, DISTRICT shall be obligated to pay CONSULTANT only for those services deemed by DISTRICT to be satisfactory as of the effective date of the cancellation or termination. In the event of such termination, the DISTRICT may secure the required services from another consultant. If the cost to the DISTRICT exceeds the cost of providing the service pursuant to this AGREEMENT, the excess cost shall be charged to and c ollected from the CONSULTANT. If the cancellation is the result of DISTRICT’S decision to suspend indefinitely or abandon the work under this agreement, DISTRICT shall be obligated to pay CONSULTANT only for those services performed by CONSULTANT through the effective date of cancellation or termination. Within three (3) business days of DISTRICT’s issuance of a notice of cancellation for any failure of CONSULTANT to provide satisfactory performance, CONSULTANT is to provide DISTRICT or DISTRICT’s employe es or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to DISTRICT or DISTRICT’s employees or agents under this AGREEMENT. Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the unsatisfactory performance upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3 -day cure per iod. The foregoing notwithstanding, DISTRICT shall be under no obligation to grant additional time for the cure of an Event of Default that exceeds seven (7) calendar days from the end of the initial 3 -day cure period. The foregoing provisions are in add ition to and not a limitation of any other rights or remedies available to the DISTRICT.

12. Successors and Assigns:

This AGREEMENT shall not be assignable except with the written consent of the parties hereto.

13. Special Provisions:

A. If CONSULTANT is an individua l, he or she shall complete the certification block on the “Request for Payment” form provided by DISTRICT stating whether or not CONSULTANT is a retired member of the State Teacher’s Retirement System of the State of California.

B. This AGREEMENT may be amended by the mutual written consent of the parties hereto.

14. Indemnification: CONSULTANT agrees to and does hereby indemnify, hold harmless and defend the DISTRICT, its officers, agents and employees from every claim or demand made and every liability, loss damage or expense, of any nature whatsoever, which may be incurred by reason of:

A. Liability for damages for: (1) death or bodily injury to person; (2) injury to, loss or theft of property; or (3) any other loss, damage or expense arising out of (1) or (2) above, sustained by the CONSULTANT or any person, firm or corporation employed by the CONSULTANT, either directly or by independent contract, upon or in connection with the services called for in this AGREEMENT, however caused, except for liability for damages referred to above which result Agreement for Consultant Services
Revised 1/7/21 Page 5 of 11
from the sole negligence or willful misconduct of the DISTRICT, its officers, employees or agents.

B. Any injury to or death of any persons, including the DISTRICT, its officers, agents and employees, or damage to or loss of any property caused by any act, neglect, default, or omission of the CONSULTANT, or any person, firm or corporation employed by the consultant, either directly or by independent contract, arising out of, or in any way connected with, services covered by this AGREEMENT, whether said injury or damage occurs either on or off DISTRICT’S property, except for liability for damages which result from the sole negligence or willful misconduct of the DISTRICT, its officers, employees or agents.

C. Any liability for damages which may arise from the furnishing or use of any copyrighted or uncopyrighted matter or patented or unpatented invention under this AGREEMENT.

DISTRICT shall have the right to offset against the amount of any compensation due CONSULTANT under this AGREEMENT any amount due DISTRICT from CONSULTANT as a result of CONSULTANT’s failure to pay DISTRICT promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this AGREEMENT or (ii) comply with applicable workers’ compensation laws.

15. Insurance: Pur suant to Section 13, CONSULTANT agrees to carry comprehensive general and automobile liability insurance with limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury and property damage in a form mutually acceptable to both parties to protect CONSULTANT and DISTRICT against liability or claims of liability which may arise out of this AGREEMENT. As applicable, a policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONTRACTOR and DISTRICT against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained b y CONSULTANT in the course of carrying out the Work contemplated in this AGREEMENT. In addition, CONSULTANT agrees to provide an endorsement to its policy naming the DISTRICT as an additional insured and stating, “Such insurance as is afforded by this policy shall be primary, and any insurance carried by DISTRICT shall be excess and noncontributory”. Prior to providing services under this AGREEMENT, CONSULTANT shall provide DISTRICT with certificates of insurance evidencing all coverages and endorsements required hereunder including a thirty (30) day written notice of cancellation or reduction in coverage. CONSULTANT agrees to name DISTRICT, its officers, agents and employees as additional insured under said policy. Except for Errors and Omissions Liabil ity and Professional Liability, CONSULTANT shall require the carriers of the above -required coverages to waive all rights of subrogation against DISTRICT, its officers, employees, agents, volunteers, contractors and subcontractors. All varieties of insurance required under this AGREEMENT shall be procured from insurers admitted in the State of California and authorized to issue policies directly to Agreement for Consultant Services
Revised 1/7/21 Page 6 of 11
California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers, who according to the latest edition of the Best’s Insurance Guide have an A.M. Best’s rating of no less than A:VII. DISTRICT may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less th an BBB according to the latest published edition the Standard & Poor’s rating guide. (this requirement can only be waived by the Director of Purchasing or Director of Risk Management).

16. Assignment: The obligations of the CONSULTANT pursuant to this AGREEMENT shall not be assigned by the CONSULTANT.

17. Subcontracting: CONSULTANT shall not subcontract any portion of the special services required by this AGREEMENT, except as expressly stated herein, without the prior written approval of DISTRICT. Subcontracts (including without limitation subcontracts with subconsultants), if any, shall contain a provision making them subject to all provisions stipulated in this AGREEMENT, including provisions relating to insurance requirements and indemnification.

18. Confidentiality: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this AGREEMENT are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by DISTRICT. DISTRICT shall grant such consent if disclosure is legally required. Upon request, all DISTRICT data shall be returned to DISTRICT upon the termination or expiration of this AGREEMENT. CONSULTANT shall not use DISTRICT's name or insignia, photographs, or any publicity relating to their service to DISTRICT in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of DISTRICT.

19. Compliance with Applicable Laws: The services completed herein must meet the approval of the DISTRICT and shall be subject to the DISTRICT’S general right of inspection to secure the satisfactory completion thereof. CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations and ordinances that a re now or may in the future become applicable to CONSULTANT, CONSULTANT’S business, equipment and personnel engaged in operations covered by the AGREEMENT or accruing out of the performance of such operations.

20. Animals on Campus: Animals are not allowed on any school campus unless approved, in writing, from the District.

21. Fingerprinting: This AGREEMENT is subject to the provisions of Education Code Section 45125.1. CONSULTANTS’ employees are required to submit fingerprints to the Department of Justice when an employee may come into contact with students at any DISTRICT site. The Department of Justice will ascertain whether the employee has pending criminal proceeding for a violent or serious felony or has been convicted of violent or serious felony as they are defined in Penal Code Sections 667.5c and 1192.7c, respectively. Consultant shall not permit an employee to come in contact with students until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Education Code Section 45122.1 Consultant shall provide DISTRICT with a list of names of employees who may come in contact with students and Agreement for Consultant Services
Revised 1/7/21 Page 7 of 11
must certify in writing to the DISTRICT that none of its employees who may come in contact with students have b een convicted of a felony as defined in Education Code Section 45122.1.

DISTRICT may request the removal of an employee from a DISTRICT site at any time. Failure to comply with this provision may result in termination of the AGREEMENT. Certification Form is attached hereto. (this requirement can only be waived by the Director of Purchasing or Associate Superintendent, Business Services).

22. False Claims Act: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

23. Drug Free Workplace Certification : CONSULTANT shall apprise its officials and employees of the Drug-Free Workplace Act of 1990 (Govt. Code Section 8350 et seq.) (hereinafter, the “Act”) which requires that every person or organization awarded a contract or grant for the procurement of property or services from any State agency must certify that it will provide a drug-free workplace by doing certain specified acts. In addition, the Act provides that each contract or grant a warded by a State agency may be subject to suspension of payments or termination of the contract or grant, and the contractor or grantee may be subject to debarment from future contracting, if the contracting agency determines that specified acts have occu rred. CONSULTANT shall comply with the requirements publication and notification requirements of Government Code Section 8355 as to all employees performing services and tasks under this AGREEMENT on DISTRICT property or from DISTRICT facilities.

24. Permit/Licenses: CONSULTANT and CONSULTANT’S employee(s) or agent(s) shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this AGREEMENT.

25. Employment with Public Agency: CONSULTANT, if an employee of another public agency, agrees that CONSULTANT will not receive salary or remuneration, other than vacation pay, as an employee of another public agency for the actual time in which services are actually being performed pursuant to this AGREEMENT.

26. Time is of the Essence: Time is of the essence for each and every provision of this AGREEMENT.

27. Entire Agreement/Amendment: This AGREEMENT and any exhibits attached hereto constitute the entire AGREEMENT among the parties to it and su persedes any prior or contemporaneous understanding or AGREEMENT with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the AGREEMENT.

28. Affirmative Action Employment : CONSULTANT agrees that it will not engage in unlawful discrimination in employment of persons because of race, color, religious creed, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons.

Agreement for Consultant Services
Revised 1/7/21 Page 8 of 11

29. Non Waiver: The failure of DISTRICT or CO NSULTANT to seek redress for violation of, or to insist upon the strict performance of any term or condition of the AGREEMENT, shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition.

30. Notice: All notices or demands to be given under this AGREEMENT by either party to the other, shall be in writing and given either by: (a) personal service or (b) by U.S. Mail, mailed either by registered or certified mail, return receipt requested, with postage prepaid. Service shall be considered given when received, if personally served, or if mailed on the third day after deposit in any U.S. Post Office. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions or this section. At the date of this AGREEMENT, the addresses of the parties are as follows:

DISTRICT: CONSULTANT:

FONTANA UNIFIED SCHOOL DISTRICT
9680 CITRUS AVENUE
FONTANA, CA 92335
E-MAIL:

31. Severability: If any term, condition or provisions of this AGREEMENT is held by a court of competent jurisdiction to be invalid, voi d, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way.

32. Governing Law: The terms and conditions of this AGREEMENT shall be governed by the laws of the State of California with venue in San Bernardino County, California.

Please check one of the following:

Yes No
I am a retiree who falls under CalSTRS
I am a retiree who falls under CalPERS
I am an active employee who falls under CalSTRS
I am an active employee who falls under CalPERS
CONSULTANT:

By:

Signature (SSN or TAX ID #)

FONTANA UNIFIED SCHOOL DISTRICT
By: By:

Director of Purchasing Ryan DiGiulio
Associate Superintendent
Business Services
Date: Date:

City of Fontana
8353 Sierra Ave
Fontana, CA 92335
City of Fontana
[email protected]
95-6004770
Agreement for Consultant Services
Revised 1/7/21 Page 9 of 11

EXHIBIT A
Scope of Services
Services to be provided by CONSULTANT (List detailed scope of service or attach detailed proposal):

This proposal, is to specifically work with Transitional Kindergarten (TK) students at two City of Fontana Community Centers, providing additional contract services to FUSD as a new pilot program for FY22-23. The CSD Facilities Division provides the Tiny Tot Program (for ages 3 to 5), a recreation activity providing basic instruction on letters, numbers shapes, colors, socialization, and more, and this Facilities Division program model will be expanded for FUSD services to provide additional contract services for the ELO-P that is hosted for their TK students.

SEE City Proposal
Agreement for Consultant Services
Revised 1/7/21 Page 10 of 11

CERTIFICATION REGARDING BACKGROUND CHECKS
certifies that it has performed one of the following:
(Name of consultant)
___ Pursuant to Education Code Section 45125.1, Consultant has conducted criminal background checks, through the California Department of Justice, of all employees providing services to the Fontana Unified School District, pursuant to the contract/purchase order dated , and that none have been convicted of serious or violent felonies, as specified in Penal Code Section 1192.7(c) and 667.5(c), respectively.

As further required by Education Code Section 45125.1, attached hereto, as Attachment “A”, is a list of employees of the undersigned who may come in contact with pupils.

OR
_____ Pursuant to Education Code Section 45125.2, Consultant will ensure the safety of pupils by one or more of the following methods:

Work will be performed on a day or days when school is not in session (holidays, weekend, or non-teaching days – may not include after school hours).

Other, describe:

Signature of District Official responsible for assuring selected conditions are met in accordance with Education Code Section 45125.2, if applicable:

Signature: Title:

Consultant understands that District staff may monitor and evaluate adherence to these conditions during the work performed.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Date: _
[Name of Consultant]
______________________________
Signature
Printed Name
Title
City of Fontana
City of Fontana
Agreement for Consultant Services
Revised 1/7/21 Page 11 of 11
ATTACHMENT NO. A
{INSERT NAMES OF EMPLOYEES WHO MAY COME IN CONTACT WITH PUPILS} After School Community Services Assistant III, at Don Day Center After School Community Services Assistant II, at Don Day Center After School Community Services Assistant I, at Don Day Center After School Community Services Assistant III, at Cypress Center After School Community Services Assistant II, at Cypress Center After School Community Services Assistant I, at Cypress Center Community Services Coordinator
Community Services Supervisor
Community Services Administrative Tech

Page 1 of 4 ends

City of Fontana
Proposal for FUSD ELO-P TK Services

The City of Fontan a, Community Services Department (CSD) , is herein proposing a new program to serve community members taking part in the Fontana Unified School District ’s implementation of the Expanded Learning Opportunities Program (ELO-P). The ELO-P provides State funding for afterschool and summer school enrichment programs for transitional kindergarten through sixth grade. Programs that qualify for the funding may include before school, after school, summer, or intersession learning programs that focus on developing the academic, social , emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences.

The City of Fontana, CSD Fontana Expanded Learning Program (FELP), is currently in its fifteenth year of collaboration with the Fontana Unified School District (FUSD) as the provider of the After School Education and Safety Grant (ASES) program and has expanded operations to include ELO-P activities through FY23 -24 per an existing contract and subsequent amendments.

This proposal, is to specifically work with Transitional Kindergarten (TK) students at two City Community Centers , providing additional contract services to FUSD as a new pilot program in FY22-23. The CSD Facilities Division provides the Tiny Tot Program (for ages 3 to 5), a recreation activity providing basic instruction on letters, numbers, shapes, colors, socialization, and more, and the Facilities Division is recommending this program model be expanded and developed to provide additional contract services for the ELO-P that is hosted by FUSD for their TK students.

The term of this proposal is recommended to be January 10, 2023, to June 30, 2023 (FY22- 23). FUSD and City will evaluate this pilot program in March of 2023 to consider a term extension.

The City to provide for FUSD, at the Cypress Neighborhood Center (8380 Cypress Avenue, Fontana, CA 92335) and at the Don Day Neighborhood Center (14501 Live Oak Avenue, Fontana, CA 92337) the following to host a TK Expanded Learning Program:
• Classroom and Capacity
o Provide services at two (2) classrooms total: one classroom located at Don Day Neighborhood Center and one classroom located at Cypress Neighborhood Center.
o Maintain a student to staff ratio that will not exceed 10:1 per classroom ▪ Maximum Enrollment (classroom capacity) for each location will be established based upon available resources.

Page 2 of 4 ends

• Schedule
o Provide services on all FUSD calendar schooldays, Monday through Friday after normal school dismissal time(s) until 6:00pm , of student oversight daily per classroom.
o Provide services for up to thirty (30) non-schooldays, for a maximum of nine (9) hours of student oversight daily per classroom.
▪ City will establish schedule of non-schooldays to provide programming based upon participant need(s) , facility schedule(s) , and FUSD recommendation(s).
• Staffing
o Provide a Community Services Coordinator to plan, organize, and implement program (one employee for all locations listed herein). o Provide Community Services Administrative Technician to perform clerical tasks (one employee for all locations listed herein).
o Per classroom/location
▪ Provide three part time staff members with appropriate Early Child Education college units completed to instruct students. • Curriculum Components and Materials
o Provide student with recreational and educational experiences through crafts, music, games, outdoor activities, take-home activities, and share days. o Provide student instruction on items including, but not necessarily limited to: shapes, seasons, letters, numbers, holidays, weather, and colors. o Encourage student development of communication, socialization, creativity, knowledge, and self-expression, preparing students for a positive transition into kindergarten.
o All educational and recreational class curriculum materials will be provided by City to host this program.
o Program will be designed to create a safe, warm, and nurturing environment for the student to grow and learn. The daily activities, designed to be age - specific, will be implemented to best assure a student ’s unique individual interests and needs are considered.
• Student Transportation
o City staff at Don Day Neighborhood Center will be available to walk with students from Canyon Crest Elementary to City facility (and walk back to school, as needed).
▪ City and FUSD may mutually agree to host this classroom at the Canyon Crest Elementary School as an alternative location to the Don Day Center, when deemed in the student s’ best interest due to inclement weather, available resources, or other factors. o City staff at Cypress Neighborhood Center will be available to walk with students from Oleander Elementary to City facility (and walk back to school, as needed).
▪ City and FUSD may mutually agree to host this classroom at the Oleander Elementary School as an alternative location to the Cypress

Page 3 of 4 ends

Center, when deemed in the students’ best interest due to inclement weather, available resources, or other factors.
o At both classrooms, parent pickup of student(s) will be done based upon the direction of FUSD to be provided, either from school site or from the City facility. City will not release any student to an individual that is not listed on an authorized student pick-up form.
• Administration
o City will model administration components to align with existing regulations, policies, practices, and procedures utilized by FUSD and the City under the After School Education and Safety Grant Program Services Agreement, which may include but is not necessarily limited to:
▪ Provide daily updates to FUSD and student’s parent/guardian if there are behavior issues with a student.
▪ Provide daily updates to FUSD and student’s parent/guardian if there are health issues with a student.
• In the event of an illness, City will contact student’s parent/guardian and have student removed from the program as timely as possible, proceeding to notify FUSD of illness experienced by student.
• In the event of a health emergency, City will contact EMS directly/immediately and update FUSD and student’s
parent/guardian immediately.
▪ Charge a pick -up late fee per City policy for students not timely picked-up by parents/guardians.
▪ Document attendance daily and file a monthly report to FUSD. ▪ Document daily drop off / pick up of student and only allow when done by an authorized individual.
▪ Document program expenditures quarterly and have report available for FUSD upon request.

The budgetary impacts for City to provide this service to FUSD is:
• ELO-P TK Classroom at Cypress Center
▪ $226,844.77
• ELO-P TK Classroom at Don Day Center
▪ $226,844.77

Grand Total for Proposal: $453,689.54

This Proposal Cost will be listed as, “Not to Exceed ,” as City will invoice based upon actual costs incurred and scale services pending student enrollment and available resources.

FUSD to provide to City the following to host a TK Expanded Learning Program as outlined herein:
• Administration

Page 4 of 4 ends

o FUSD will model administration components to align with existing regulations, policies, practices, and procedures utilized by FUSD and the City under the After School Education and Safety Grant Program Services Agreement, which may include but is not necessarily limited to:
▪ Student Enrollment
▪ Student Liability Waiver
▪ Student Behavioral Agreement
▪ Student Informational Form s (allergies, general health, pick-up authorization, emergency contact, etc.)
o As this City program is a recreation -based program, not a licensed day care facility, only students who are fully potty trained (have mastered using the bathroom on their own) will be permitted to visit a City facilit y as outlined herein. Students in diapers or pull -ups will not be permitted in this City program.
o Facility Access for School Site(s)
▪ As needed for daily student pick up/drop off, or in the event City and FUSD mutually agree to host a classroom at an FUSD school site (when deemed in the students’ best interest due to inclement weather, available resources, or other factors ), FUSD will provide timely building access and classroom (s) appropriate to meet programmatic needs , including storage of program materials for students onsite in the classroom(s) in a secure location. • Payment
o FUSD will issue payment for services rendered within thirty (30) days of a City invoice.

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